Commonwealth Numbered Acts

FAMILY LAW AMENDMENT ACT 1987 No. 181 of 1987 - SECT 48

48. After section 87 of the Principal Act the following section is inserted:
Specification in maintenance agreements of payments etc. for maintenance
purposes

"87A. (1) Where:

   (a)  a maintenance agreement (whether or not registered under section 86 or
        approved under section 87) has the effect of requiring:

        (i)    payment of a lump sum, whether in one amount or by instalments;
               or

        (ii)   the transfer or settlement of property; and

   (b)  the purpose, or one of the purposes, of the payment, transfer or
        settlement is to make provision for the maintenance of a party to a
        marriage or a child or children of a marriage; the agreement shall:

   (c)  state that the agreement is an agreement to which this section
        applies; and

   (d)  specify:

        (i)    the person or persons for whose maintenance provision is made
               by the payment, transfer or settlement; and

        (ii)   the portion of the payment, or the value of the portion of the
               property, attributable to the provision of maintenance for that
               person or each of those persons, as the case may be.

"(2) Where a maintenance agreement of a kind referred to in paragraph (1) (a):

   (a)  does not state that the agreement is an agreement to which this
        section applies; or

   (b)  states that the agreement is an agreement to which this section
        applies, but does not comply with paragraph (1) (d); any payment,
        transfer or settlement of a kind referred to in paragraph (1) (a),
        that the agreement has the effect of requiring, shall be taken not to
        make provision for the maintenance of a party to the relevant marriage
        or of a child of the relevant marriage.".